Maryland Personal Injury Blog
Under Maryland law, children cannot recover damages in tort from their parents. In other words, the doctrine of parent-child immunity generally bars minor children from pursuing negligence claims against their parents, with few exceptions. Recently, a Maryland was tasked with determining whether such immunity survives the death of a child, in a case in which an infant tragically drowned at his father’s home. If you lost a child due to the negligence of another party, you should speak to a Maryland personal injury lawyer to determine whether you may be able to recover damages in a wrongful death claim.
The Child’s Death
It is reported that the plaintiff and the defendant were co-parents of a twenty-one-month-old son. Pursuant to a consent order between the parties, the mother had full and permanent physical custody of the child. In July 2016, the child was at the defendant’s home for visitation during a time when the defendant was hosting a party.
Allegedly, during the course of events, the child tragically fell into a pool in the defendant’s backyard and drowned. The mother filed a lawsuit against the defendant, alleging his negligence led to the fatal accident. The defendant moved to dismiss the plaintiff’s claims on the grounds that they were barred by the doctrine of parent-child immunity. The court ultimately granted the defendant’s motion and the plaintiff appealed.
Maryland’s Doctrine of Parent-Child Immunity
On appeal, the court affirmed the trial court ruling. The court explained that the doctrine of parent-child immunity prohibits a child from recovering damages in tort from their parent. The court noted that there are four exceptions to the doctrine, however.
Specifically, it does not apply in cases in which both the child and the parents were adults at the time of the allegedly negligent act, or bar a minor child from pursuing claims against a parent’s business partner for injuries sustained while working at the parent’s company. It also does not apply where the parent’s criminal conduct shattered the family relationship beyond further impairment by a lawsuit. The remaining exception is statutory.
The court ultimately affirmed that the doctrine of parent-child immunity survives the death of a child, and that none of the exceptions applied in the subject case to permit the plaintiff to pursue her claims. As such, it affirmed the trial court ruling.
Talk to a Dedicated Maryland Attorney
The sudden death of a child can cause unimaginable grief, and parents who lose their children due to the carelessness of others have the right to seek justice via civil claims. If you suffered the loss of a child due to someone else’s negligence, you should talk to an attorney about your options. The dedicated Maryland personal injury attorneys of Foran & Foran, P.A. have ample experience handling wrongful death claims, and if we represent you, we will fight to help you seek the outcome you deserve. Our office is located in Greenbelt, and we regularly represent parties in wrongful death lawsuits in cities in Prince George’s County and Montgomery County. You can reach us via our form online or by calling us at (301) 441-2022 to set up a confidential and free conference.